New Grants of aid now available for ODPP historic case review and criminal law appeal

We have created new grants of aid in response to the ODPP’s historical case reviews for forensic DNA testing in Queensland, and the Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Act 2024. 

Background to the new grants

The Commission of Inquiry released its final report in December 2022. The report aims to ensure public confidence in collecting, testing and analysing DNA in the Queensland criminal justice system. The report made nine recommendations, and highlighted the need to undertake a historical case review, to triage any cases that may need further testing.

The Queensland Police Service, Queensland Health and Office of the Director of Public Prosecutions (ODPP) have established dedicated units to review historic cases affected by failures in forensic DNA testing in Queensland, in line with the recommendations.

In response to the Commission of Inquiry, the Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Act 2024 began on 1 September 2024. The Act provides significant amendments to Chapter 67 and 68 of the Criminal Code, including:

• introducing a subsequent appeals framework for conviction appeals
• expanding the double jeopardy exceptions.

DNA historic case review

The ODPP has started its historic case reviews. When a case is reviewed, the ODPP will advise the defendant and their previous legal representative of any outcome about the review and whether the DNA evidence has been retested.

Where a defendant was legally aided for the substantive criminal proceedings and the ODPP provide a letter advising of the review outcome, we will provide a grant of legal aid to the same legal practitioner to complete additional work.

The grant of legal aid will include funding for the solicitor to contact the client, review what DNA evidence was available at the time of the proceedings, and provide preliminary advice to the defendant about next steps.

Practitioners can apply for this grant of legal aid as an extension of aid on the file where the substantive criminal proceedings were funded. The client will be eligible under the means test for this extension—a new legal aid application is not needed. 

If the defendant was unrepresented or privately represented in the proceedings, they can apply for a grant of legal aid by submitting a new legal aid application form. The means test will apply.

We have created two grants of legal aid for the historic case review work required by practitioners.

If the legal practitioner determines additional avenues are available to the defendant based on the outcome of the historic case review (i.e. appeal out of time or subsequent appeal), the client will need to submit a new legal aid application and standard assessment criteria will apply.

See the Grants Handbook for more information.

Subsequent appeals to the Court of Appeal

In response to legislative amendments relating to subsequent appeals in the Court of Appeal, we have created new grants of legal aid.

See the Grants Handbook for more information.

Double jeopardy exception applications

In response to the expansion of the exceptions to double jeopardy rules, we have created new grants of legal aid.

See the Grants Handbook for more information.

Application for pardon to the Governor

While practitioners have always been able to apply to the Governor for a pardon (and this process remains unchanged), we have now formalised a grant of legal aid for this work.

See the Grants Handbook for more information.